Roots of health-care proposal stretch back to '08 plan

Editor's note: This story is the first in a series explaining the 10 propositions that will appear on the Nov. 2 general-election ballot.

PROPOSITION 106 Health Care Freedom Act

Proposition 106 would amend the Arizona Constitution to allow Arizonans to opt out of state or federal health-care mandates.

If Prop. 106 passes, individuals would be able to pay health-care providers directly for any services that are legal. They would not be penalized or fined for not purchasing mandated health insurance.

BACKGROUND: Prop. 106, a legislative referral, is a slightly modified version of a 2008 measure, which failed at the polls by a percentage point.

The new measure is not a reaction to the health-care reform passed by Congress in March, often referred to as "Obamacare," which requires each individual to buy health insurance or pay a fine or penalty. But the effort began in anticipation of federal mandates passing, and Prop. 106 likely would contradict the federal law.

The 2010 measure has more specific language than the 2008 version, so patients would continue receiving care through the Arizona Health Care Cost Containment System, the state's version of Medicaid, if it passes. Georgia, Idaho, Missouri, Utah and Virginia have passed similar measures. Voters in Oklahoma and Florida will decide on comparable constitutional amendments this year.

PRO ARGUMENTS: Supporters argue that Prop. 106 would protect patients' rights to choose the health-insurance plans they prefer, rather than having to follow a universal mandate.

They say the federal health-care reform bill is not comprehensive enough and will not address the need for increased access to affordable health care.

If Prop. 106 passes, proponents expect the federal government to sue the state. But they say they have a chance at defending the measure's constitutionality because there are no U.S. Supreme Court cases proving the federal government has congressional authority to regulate health care.

OPPONENTS: No 106 (also called Prop. 106 Endangers Your Health); Arizona Alliance for Retired Americans; Arizona Public Health Association; Nurses for Real Choice; Arizona Coalition for a State and National Health Plan.

CON ARGUMENTS: The opposition movement this year is not as strong as it was in 2008. Health-care providers who oppose the measure say Prop. 106 is futile, and federal law will trump state law if the measure passes.

They say Arizona does not have enough money or resources to defend itself against another federal lawsuit. Arizona is currently involved in two health-care-related federal lawsuits.

Opponents believe that if Prop. 106 passes, it would eliminate government oversight for doc- tors to provide equal treatment for all patients and compromise best-practice standards among doctors.

Sources: The Arizona House of Representatives resolution authorizing Proposition 106;Arizona State University Morrison Institute for Public Policy; Dr. Eric Novack; Peter Cerchiara, health-care and health-plan management consultant and member of the No 106 executive committee; campaign materials from Arizonans for Health Care Freedom and No 106.